[R.O. 2008 § 500.390; R.O. 2007 § 500.390; Ord. No. 1130 §§ 1 –
2, 7-17-1984]
A. Any person, firm or corporation making
an alteration to real property within the City limits of O'Fallon,
Missouri, including, but not limited to, driveways, fences, additions
to homes and businesses, and any building activity regulated by City
ordinance or Code, who fails to obtain the proper permits prior to
commencing construction shall be in violation of this Chapter.
B. The Building Official or his/her designated
representative is responsible for the enforcement of this Chapter.
C. Any person, firm or corporation, upon conviction
of being in violation of this Article, shall be subject to a fine
of up to five hundred dollars ($500.00), but a minimum of ten dollars
($10.00) per day after notice of violation. Each day's violation of
or refusal or neglect to comply with any provision of this Article
or the code hereby adopted shall constitute a separate and distinct
offense.
[R.O. 2008 § 500.400; Ord. No. 6724, 10-22-2020]
A. Except as permitted by this Code, no person
shall construct or install any structure, building or improvement,
or portion thereof, within the required setbacks unless a variance
has been granted and a permit approved for such structure, building
or improvement.
B. Following the approval of a variance, with
or without conditions, by the Board of Adjustment, the owner shall
file an application for a permit allowing the construction, installation
and maintenance of any structure, building or improvement within the
setback. Such application shall contain such information, as required
by the City, to ensure that the proposed improvement is in compliance
with the variance and any conditions placed on the variance.
C. Each application shall be accompanied by
a fee which shall be established from time to time to cover the cost
of inspecting the improvement to ensure compliance with the variance
and making such changes to the public records of the City to reflect
the permissible setback encroachment.
[R.O. 2008 § 500.410; R.O. 2007 § 500.420; Ord. No. 1142 §§ 1 –
5, 8-21-1984; Ord. No. 1878 §§ 2 – 3, 2-7-1991; Ord.
No. 3440 § 2, 10-16-1996; Ord. No. 3696 § 1, 5-21-1998; Ord.
No. 3886 § 1, 5-19-1999]
A. The Missouri Cities of the Third Class,
O'Fallon being such, have the authority under provisions of Section
89.010, RSMo., as amended, to regulate and restrict the location of
building structures and the use of land to promote the public health,
safety and welfare. The City of O'Fallon recognizes the authority
of the Federal Communications Commission (FCC) to promulgate rules
regarding direct broadcast satellite services. The City, through its
authority granted by State law and within the parameters of FCC-96-328,
intends to assure its residents and businesses access to satellite
services, and promote fair and effective competition in the satellite
industry, while protecting the public health and safety of its citizens
and encouraging the aesthetic characteristics of our local community.
For the purposes of this Section, "satellite dish receiving antenna"
is hereby defined as follows: A receiving earth station antenna for
the reception of satellite-delivered communication services, whether
received only or transmitted and received.
B. Any satellite dish receiving antenna shall
not be located within ten (10) feet of a power line; they must be
properly secured and grounded in order to protect the public health
and safety. Installations shall be in accordance with the dish manufacturer's,
National Electrical Code and Building Code standards.
C. Any satellite dish receiving antenna or
other structure shall not be located within ten (10) feet of a public
street so as not to obstruct traffic or otherwise pose a safety hazard.
D. Satellite dish antenna of one (1) meter
or smaller in diameter and other structures, whether detached and
freestanding or attached to the principal building on the lot, shall
be permitted in all zoning districts. Such dishes shall be situated
in locations which have the least possible visual impact on surrounding
properties and should be:
1.
In the side yard, but not extending
forward of the front exterior wall of the structure and screened by
landscape plant material at street eye level.
2.
In front of the structure, only if
incorporated as part of a significant landscape theme and screened
through the use of dense plant material at street eye level.
3.
Mounted on the sides of the structure;
however, it should not be mounted on the face of a structure facing
a public right-of-way.
4.
On the roof of a structure, not facing
a public right-of-way and not extending above the ridge of the roof
at street eye level.
5.
In addition, such dishes and other
structures shall be set back a minimum of six (6) feet from all side
property lines and a minimum of ten (10) feet from all rear property
lines where utility easements do not exist. Where utility easements
do exist, satellite dish receiving antennas shall not be placed within
these easements. On a corner lot, both street frontages will be considered
front yards with all satellite dish antenna being located in the rear
yard area of the interior side.
E. Entities desiring to locate a satellite
dish in an area not allowed under this Section may do so only upon
showing that: placement within the authorized locations is not possible
and that the authorized locations will impair the applicant's ability
to receive satellite programming as verified in writing to the Planning
Department by an authorized satellite dish antenna dealer or by an
installer that the proposed location is necessary to obtain an acceptable
quality signal, or that compliance would be an unreasonable expense.
[R.O. 2008 § 500.420; R.O. 2007 § 500.430; Ord. No. 3429 § 1, 9-17-1996]
Construction work shall only be allowed
during the following hours:
October 1 – May 31
|
7:00 A.M. to 7:00 P.M.
|
June 1 – September 30
|
6:00 A.M. to 8:00 P.M. Monday –
Friday
|
|
7:00 A.M. to 8:00 P.M. Saturday and
Sunday
|
Construction work to be done outside
of these hours requires prior written approval from the City Administrator
or City Engineer.
|
[R.O. 2008 § 500.430; R.O. 2007 § 500.450; Ord. No. 4486 § 1, 3-3-2003; Ord.
No. 4866 § 1, 7-20-2005]
A. At the time of application for a building
permit, the applicant shall acknowledge in writing and with his/her
signature, that the applicant is responsible for assuring that the
lot for which the building permit is issued complies with the approved
grading and drainage plans.
[R.O. 2008 § 500.440; R.O. 2007 § 500.470; Ord. No. 4949 §§ 1 –
3, 1-30-2006; Ord. No. 5301 § 1, 3-13-2008]
A. All contractors seeking a permit for the
construction of any project that is funded with public money shall
be required to sign an affidavit stating:
1.
The contractor and its subcontractors
have Workers' Compensation insurance that covers its employees working
on the project.
2.
The contractor and its subcontractors
have verified the U.S. citizenship or lawful status of the workers
employed on the project.
3.
The contractor and its subcontractors
will pay the prevailing wages of the area to its workers.
4.
The contractor and its subcontractors
are in compliance with Federal law requiring an accredited apprenticeship
program if such law applies to the project.
B. Upon request of the City, the contractor
will produce proof of compliance with the above laws within thirty-six
(36) hours.
C. All contractors bidding on construction
projects within the City of O'Fallon are encouraged and urged, to
the extent possible, to employ residents of the City of O'Fallon to
work on such projects.
[R.O. 2008 § 500.450; Ord. No. 5189 § 1, 6-14-2007]
A. Lawn irrigation sprinkler systems may be
placed within City-owned right-of-way, provided that the sprinkler
heads shall not be placed within one (1) foot of curbs or other paved
surfaces.
B. The installation of lawn irrigation sprinkler
systems within City-owned right-of-way is at the property owner's
risk, and resulting damage related to being installed within said
right-of-way shall not be the responsibility of the City to repair.
Maintenance and repair of lawn irrigation sprinkler systems placed
within City-owned right-of-way shall be the responsibility of the
adjacent property owner(s).
C. Backflow prevention is required per Section
700.370(C)(14) of the Municipal Code.
D. A plumbing permit is required to install lawn irrigation sprinkler systems per Section
500.470(E)(3)(F) of the Municipal Code.
[R.O. 2008 § 500.455; Ord. No. 5809 § 1, 9-13-2012]
A. Title. This Section is entitled and may
be known as the "Methamphetamine Contamination Abatement Protocol."
B. Purpose. The purposes of this Section are:
1.
To adopt standards for identifying
dangerous levels of toxic chemicals and residue associated with the
presence or production of methamphetamine; and
2.
To establish protocols whereby the
Building and Code Enforcement Division ("Division") may cooperate
with and rely on law enforcement and emergency agencies when applying
property maintenance and safety standards to order or cause the abatement
of contamination in structures due to the presence or production of
methamphetamine.
C. Definitions. For purposes of this Section,
the words or terms listed below are defined as follows:
DIVISION
The Building and Code Enforcement Division of the City of
O'Fallon.
METHAMPHETAMINE
Dextro methamphetamine, levo methamphetamine, and unidentified
isomers of the same, any racemic mixture of dextro/levo methamphetamine,
or any mixture of unidentified isomers of methamphetamine. The term
includes derivatives, conjugates, oxides and reduced forms of the
basic structure associated with the formation of methamphetamine.
For the purposes of this protocol, this term includes amphetamine,
ephedrine and pseudoephedrine.
QUALIFIED COMPANY or QUALIFIED CONTRACTOR
A company or contractor that tests structures for the presence
of unsafe contamination and/or abates such unsafe contamination and
that:
1.
Complies with the guidelines of the
U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine
Laboratory Cleanup (August 2009);
2.
Complies with the regulations of
the Occupational Safety and Health Administration of the United States
Department of Labor relating to hazardous waste operations and emergency
response, including 29 Code of Federal Regulations Section 1910.120;
3.
Requires that at least one (1) employee
or supervisor assigned to and on duty at any work site shall have
completed the forty (40) hour Hazardous Waste Operations and Emergency
Response (HASWOPER) training [Occupational Safety and Health Administration
(OSHA) 29 CFR Part 1910]; and
4.
Requires its personnel to complete
a clandestine drug lab assessment and decontamination course offered
by a sponsor acceptable to the Division.
UNSAFE CONTAMINATION
The presence of chemicals in a structure at levels exceeding the levels for such chemicals as provided in Subsection
(D) below.
D. Unsafe Contamination. A structure will
be considered unsafe if it is found to contain any of the chemicals
listed below at exposure limits above the levels listed below referenced
by the National Institute for Occupational Safety and Health (NIOSH):
1.
Red Phosphorus—any amount.
2.
Iodine Crystals C0.1 ppm (1 mg/m3).
3.
Sulfuric Acid TWA 1 mg/m3.
4.
Hydrogen Chloride C 5 ppm (7 mg/m3).
5.
Hydrochloric Acid (Hcl gas)—C
5 ppm (7 mg/m3).
6.
Methamphetamine—in a concentration
equal to or greater than 1.5 µgram/100 cm2.
7.
Lead and Mercury—If it is determined
that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing
was used, surface levels for lead in excess of 20 µg/ft2 and
vapor samples for Mercury in excess of 50 ng/m3.
E. Closure And Abatement Orders Upon Report
And Investigation By Law Enforcement Or Emergency Agencies.
1.
When a law enforcement or emergency
agency reports to the Division that a structure in the City has been
used for the production of methamphetamine or as a storage facility
for methamphetamine or chemicals used in the manufacturing of methamphetamine,
the Division may order that structure closed pursuant to the emergency
measures provided in the City's property maintenance and/or safety
codes. The Division shall rescind such an order if the law enforcement
or emergency agency later reports that after testing and investigation
it has not found unsafe contamination in that structure.
2.
When a law enforcement or emergency
agency reports to the Division that it has found unsafe contamination
in a structure in the City that has been used for the production of
methamphetamine or as a storage facility for methamphetamine or chemicals
used in the manufacturing of methamphetamine, the Division shall order
that structure closed pursuant to the emergency measures provided
in the City's property maintenance and/or safety codes.
F. Supplementary Notice And Instructions.
1.
While closure and abatement orders
pursuant to the emergency measures provided in the City's property
maintenance and/or safety codes may be posted, the Division shall
also attempt to contact the owner of record of the affected property,
or the owner's agent, by personal service, first class mail or by
posting on the property or publication if mail is returned as undelivered.
2.
Such notice shall direct the owner
to contact the Division within twenty (20) calendar days to establish
a schedule for decontaminating the structure, and further advise the
owner that failure to contact the Division within that time specified
may result in a request to disconnect utility services in order to
ensure that the structure is not re-occupied until it is decontaminated.
3.
Such notice shall also inform the
owner that if the owner contacts the Division within the time specified
in the notice, the owner may request to have the structure retested,
but such retesting must be performed as follows.
a.
The owner must employ the services
of a qualified company or contractor having no financial or ownership
interest or occupancy right in the subject property to perform sampling
and to analyze the samples.
b.
An inspector for the Division must
be present when the qualified company or contractor takes samples
and the owner shall pay an inspection fee of forty dollars ($40.00),
payment of which must be made prior to the appointment for taking
samples.
c.
Sampling and testing shall be performed
in accordance with the appropriate Sections of the U.S. Environmental
Protection Agency Voluntary Guidelines for Methamphetamine Laboratory
Cleanup (August 2009).
d.
The qualified company or contractor
engaged by the owners must report the results of its analysis of the
samples taken to the Division.
G. Decontamination.
1.
If unsafe contamination exists in
a structure, the owner shall hire a qualified contractor or company
to decontaminate the structure and advise the Division of the schedule
for decontamination.
2.
The schedule for the work and evidence
that the qualified contractor or company meets the requirements of
this Section must be submitted for approval to the Division within
twenty (20) calendar days of the receipt of notice. Approval will
be based solely on the timeliness of the schedule and the qualifications
of the contractor. Approval or rejection of the schedule will be provided
within a reasonable time of submission. If rejected the owner will
be informed, in writing, of specific reasons for the rejection and
will be required to amend the schedule or the proposed qualified contractor
or company. Decontamination shall be performed in accordance with
the appropriate Sections of the U.S. Environmental Protection Agency
Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August
2009).
3.
If the owner of property determined
to have unsafe contamination fails to voluntarily abate that contamination,
the Division may serve a notice of violation and proceed in accordance
with provisions for abatement of unsafe conditions or structures in
the City's property maintenance and/or safety codes. The Division
may request disconnection of the utility services until the decontamination
is complete.
4.
Post Decontamination Sampling. Following
the completion of the work the owner shall notify the Division that
work is complete and the owner must provide written test results as
evidence that the property is compliant with this regulation. The
post remediation sampling and testing must be performed by a qualified
contractor or company other than and independent of the contractor
or company that performed the decontamination, and that sampling and
testing must be done in accordance with the appropriate Sections of
the U.S. Environmental Protection Agency Voluntary Guidelines for
Methamphetamine Laboratory Cleanup (August 2009).
H. Final Action. After the property has been
decontaminated and the Division is in possession of evidence that
the pertinent chemical levels are below unsafe contamination levels,
the structure will be considered safe and suitable for performance
of a full inspection for an occupancy permit. If utility services
have been disconnected, the Division will notify the utilities that
the unsafe condition has been mitigated and service can be restored.
The property owner shall be responsible for any re-connection fees.
[R.O. 2008 § 500.460; R.O. 2007 § 500.440]
Any person, firm or corporation violating
any of the provisions of this Article shall, upon conviction, for
each offense be fined not more than five hundred dollars ($500.00)
or be punished by imprisonment in Jail not to exceed three (3) months,
or be punished by both fine and imprisonment. Each day's violation
of, or refusal or neglect to comply with, any provision of this Article
shall constitute a separate and distinct offense.